Bill Amendment: IL HB4841 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: INC TX-AFFORDABLE HOUSING
Status: 2026-04-17 - Rule 19(a) / Re-referred to Rules Committee [HB4841 Detail]
Download: Illinois-2025-HB4841-House_Amendment_001.html
Bill Title: INC TX-AFFORDABLE HOUSING
Status: 2026-04-17 - Rule 19(a) / Re-referred to Rules Committee [HB4841 Detail]
Download: Illinois-2025-HB4841-House_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 4841 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4841 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Illinois Income Tax Act is amended by | ||||||
| 5 | changing Section 214 as follows: | ||||||
| 6 | (35 ILCS 5/214) | ||||||
| 7 | Sec. 214. Tax credit for affordable housing donations. | ||||||
| 8 | (a) Beginning with taxable years ending on or after | ||||||
| 9 | December 31, 2001 and until the taxable year ending on | ||||||
| 10 | December 31, 2036 December 31, 2026, a taxpayer who makes a | ||||||
| 11 | donation under Section 7.28 of the Illinois Housing | ||||||
| 12 | Development Act is entitled to a credit against the tax | ||||||
| 13 | imposed by subsections (a) and (b) of Section 201 in an amount | ||||||
| 14 | equal to 50% of the value of the donation. For taxable years | ||||||
| 15 | ending before December 31, 2023, partners, shareholders of | ||||||
| 16 | subchapter S corporations, and owners of limited liability | ||||||
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| 1 | companies (if the limited liability company is treated as a | ||||||
| 2 | partnership for purposes of federal and State income taxation) | ||||||
| 3 | are entitled to a credit under this Section to be determined in | ||||||
| 4 | accordance with the determination of income and distributive | ||||||
| 5 | share of income under Sections 702 and 703 and subchapter S of | ||||||
| 6 | the Internal Revenue Code. For taxable years ending on or | ||||||
| 7 | after December 31, 2023, partners and shareholders of | ||||||
| 8 | subchapter S corporations are entitled to a credit under this | ||||||
| 9 | Section as provided in Section 251. Persons or entities not | ||||||
| 10 | subject to the tax imposed by subsections (a) and (b) of | ||||||
| 11 | Section 201 and who make a donation under Section 7.28 of the | ||||||
| 12 | Illinois Housing Development Act are entitled to a credit as | ||||||
| 13 | described in this subsection and may transfer that credit as | ||||||
| 14 | described in subsection (c). | ||||||
| 15 | (b) If the amount of the credit exceeds the tax liability | ||||||
| 16 | for the year, the excess may be carried forward and applied to | ||||||
| 17 | the tax liability of the 5 taxable years following the excess | ||||||
| 18 | credit year. The tax credit shall be applied to the earliest | ||||||
| 19 | year for which there is a tax liability. If there are credits | ||||||
| 20 | for more than one year that are available to offset a | ||||||
| 21 | liability, the earlier credit shall be applied first. | ||||||
| 22 | (c) The transfer of the tax credit allowed under this | ||||||
| 23 | Section may be made (i) to the purchaser of land that has been | ||||||
| 24 | designated solely for affordable housing projects in | ||||||
| 25 | accordance with the Illinois Housing Development Act or (ii) | ||||||
| 26 | to another donor who has also made a donation in accordance | ||||||
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| 1 | with Section 7.28 of the Illinois Housing Development Act. | ||||||
| 2 | (d) A taxpayer claiming the credit provided by this | ||||||
| 3 | Section must maintain and record any information that the | ||||||
| 4 | Department may require by regulation regarding the project for | ||||||
| 5 | which the credit is claimed. When claiming the credit provided | ||||||
| 6 | by this Section, the taxpayer must provide information | ||||||
| 7 | regarding the taxpayer's donation to the project under the | ||||||
| 8 | Illinois Housing Development Act. | ||||||
| 9 | (Source: P.A. 102-16, eff. 6-17-21; 102-175, eff. 7-29-21; | ||||||
| 10 | 103-396, eff. 1-1-24.) | ||||||
| 11 | Section 99. Effective date. This Act takes effect upon | ||||||
| 12 | becoming law.". | ||||||
